Terms and Conditions
Terms of Service
Please read the following terms and conditions ("Terms") carefully. These Terms govern your access to and use of the Services (as described below), and constitute a binding legal agreement between you, as a user of the Services, and SocialCart. Your access to and use of the Services is conditioned on your compliance with these Terms. By accessing and/or using the Services, you agree to be bound by these Terms.
SocialCart is a service that enables ecommerce -for selling products on social networking sites, like Facebook, ("Products") to utilizing our "distributed shopping cart" technology, which allows social network users to create storefronts and promote Merchants Products collectively, the "Services"). These Services are rapidly evolving and so the form and nature of the Services that SocialCart provides may change from time to time without prior notice to you. In addition, SocialCart may need to stop (permanently or temporarily) providing some or all of the Services (or any of the features within the Services) to you or to users generally if we determine it necessary and may not be able to provide you with prior notice.
You may use the Services if you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
In order to use certain Services, you will need to register with SocialCart, create a username and provide certain information about yourself as prompted by the registration form, including your name and a valid email address. You are responsible for maintaining the confidentiality of your password and are responsible for all activities that occur under your username.
Beta Version of the Services
The Services are currently available as a beta version. SocialCart is willing to allow you to use the beta version of the Services on the condition that (i) you abide by these Terms; (ii) you will use the Services and provide feedback to SocialCart regarding your use of the Services including, logging any errors, bugs or other issues related to the Services; and (iii) acknowledge and agree that since the Services are in beta, SocialCart makes no representations or warranties regarding the use, functionality, availability or reliability of the Services.
Any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services, including the items that you offer for sale on your catalog ("Content") must comply with (i) these Terms; (ii) any applicable guidelines or additional terms, like the Product Guidelines , and (iii) any applicable policies and procedures enumerated by our third-party partners for use of their website(s) (for example, if your Storefront is hosted through your Facebook account, you must comply with Facebook's terms of service and other rules of conduct).
You are responsible for any Content that you post, upload and otherwise submit to the Services and the consequences of posting or publishing it. By submitting Content to SocialCart, you hereby grant SocialCart a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Services and SocialCart's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Services (including your Product listing) in any media formats and through any media channels. This license permits us to make your Content (i.e., your Storefront) available to our partners to access, distribute, market and promote our Services (and your Storefront), subject to our terms and conditions. By submitting Content, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize SocialCa rt to use all rights in and to any and all of your Content in the manner contemplated by the Services and these Terms.
While certain Content and conduct is prohibited, SocialCart does not actively monitor or control the Content posted to your Storefront and will not be responsible for the Content you make available on your Storefront. You may add, modify or remove Content from your Storefront at any time. If you remove Content from your Storefront, the Content will be deleted as soon as is practical.
We reserve the right at all times (but not will not have an obligation) to remove or refuse to distribute any Content on the Services, which violates these Terms for using the Service and submitting Content. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of SocialCart, its users and the public.
It is the policy of SocialCart to terminate your access to the Services if you infringe the copyright rights of others upon receipt of proper notification to SocialCart by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that t he above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. You may contact our Copyright Agent at copyrights@SocialCart.com.
All purchases of items sold on your Storefront will be processed through a third party payment service provider (such as PayPal, Authorize.net). The terms of processing your Products payment transactions will be based on the agreement between SocialCart and payment service provider. You acknowledge and agree that you (and not SocialCart) are responsible for complying shipping, product warrantee terms and conditions governing your products. In the event of charge back or any such negative impact transaction, the effect will be transferred to you.
Usage and Storage
SocialCart does not currently place any limitations on the amount of items listed or amount of data storage used by users to support their SocialCart store or catalog. SocialCart reserves the right, however, to establish general practices and limits concerning use of the Services, including without limitation the maximum storage space that will be allotted on SocialCart's servers on your behalf for your Content (which could limit the number of items you may sell on a Storefront). If we do implement such restrictions, we will notify you of such limits in advance before such limits take effect.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, SocialCart's computer systems, or the technical delivery systems of SocialCart's providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that is provided by SocialCart (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with SocialCart; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, wi thout limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
The Services are protected by copyright, trademark, and other laws of the United States and foreign countries. SocialCart and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or the Platform. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, except as expressly permitted in these Terms. Any feedback, comments and suggestions you may provide for improvements to the Services ("Feedback") will be the sole and exclusive property of SocialCart and you hereby irrevocably assign to SocialCart all of your right, title, and interest in and to all Feedback.
We may immediately terminate or suspend your access to the Services and remove any material (including any Content provided by you) from the Services or our servers, in the event that you breach these Terms, at our sole discretion and without prior notice to you. Notwithstanding the foregoing, we also reserve the right to terminate the Services or your access thereto at any time and for any reason. After such termination, you understand and acknowledge that SocialCart will have no further obligation to provide the Services. Upon termination, all licenses and other rights granted to you by these Terms will immediately cease. SocialCart will not be liable to you or any third party for termination of the Services or termination of your use of the Services. Upon any termination or suspension, any information (including Content) that you have submitted to the Services may no longer be accessed by you. Furthermore, SocialCart will have no obligation to maintain any information stored in our database related to y our Storefront or to forward any information to you or any third party. Any suspension, termination or cancellation will not affect your obligations to SocialCart under these Terms (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
The Services are Available "AS-IS"
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, SOCIALCART AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content thereon. SocialCart will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from SocialCart or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by SocialCart of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You agree to defend, indemnify, and hold harmless SocialCart and its partners, and their officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, your Storefront, your violation of these Terms or any Content posted, published, transmitted or otherwise provided by you (or on your behalf).
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOCIALCART AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SOCIALCART HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITT ED BY APPLICABLE LAW, SOCIALCART AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SOCIALCART HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed by the laws of the State of Illinois, without respect to its conflict of laws principles. Any claim or dispute between you and SocialCart that arises in whole or in part from the Services shall be decided exclusively by a court of competent jurisdiction located in Cook County, Illinois. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and SocialCart's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
These Terms shall constitute the entire agreement between you and SocialCart concerning the Services. We may revise these Terms from time to time, and we will try to provide at least 30 days notice prior to any new terms taking effect. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
If you have any questions about these Terms, please contact us at support@SocialCart.com.